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20 Oct 2006, 6:19 am
[JURIST] The US Justice Department [official website] has issued a notice [PDF text] informing the US District Court for the District of Columbia [official website] that it no longer has jurisdiction over 196 habeas corpus cases brought by detainees at Guantanamo Bay [JURIST news archive]. [read post]
19 Oct 2006, 12:48 pm
For more detailed discussion and argument as to why aliens outside the country might have a constitutional basis for habeas rights, see my co-blogger Stephen Vladeck's paper, "Deconstructing Hirota: Habeas Corpus, Citizenship, and Article III"). [read post]
19 Oct 2006, 6:24 am
In each case, the Court rejected the President's assertion that he could deny the detainee the right to challenge the legality of military-commission proceedings(and detention) by writ of habeas corpus. [read post]
16 Oct 2006, 5:06 pm
Most disturbing from the perspective of the legal profession are its termination of the writ of habeas corpus with respect to the claims of detainees and its sweeping grant to the Executive of rights to label persons enemy combatants and thereby leave them without legal rights which can be vindicated in courts. [read post]
15 Oct 2006, 3:04 pm
[sic]The right of habeas corpus is intended to prevent imprisonment without charges. [read post]
14 Oct 2006, 9:04 am
On Tuesday, the President intends to sign the Military Commissions Act of 2006, which purports to terminate the writ of habeas corpus for US detainees overseas. [read post]
11 Oct 2006, 10:31 pm
Many years later, the federal courts reversed his murder conviction (that is, granted a writ of habeas corpus). [read post]
8 Oct 2006, 1:10 pm
That case stands for some simple propositions. [read post]
4 Sep 2006, 10:34 pm
The article concludes that the professionals at trial breached their responsibilities: the California Supreme Court failed to appreciate the extent of the breaches and affirmed the resulting death sentence; and federal habeas corpus review under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) proved too limited to set aside a sentence that resulted from the breaches. [read post]
4 Sep 2006, 4:59 pm
Aug. 22, 2006) (Miner, Calabresi, Restani) the Second Circuit is looking at a habeas Corpus in a murder trial where the defendant may have only stabbed an already dead corpse. [read post]
22 Aug 2006, 3:54 am
Glathe was permitted to testify for the prosecution at the habeas corpus hearing. [read post]
20 Aug 2006, 7:37 pm
Otherwise, he certainly exhibited no interest in the judicial expansion of welfare rights and was, moreover, the most anti-civil libertarian president since World War II, as seen in his willingness to support and sign various "anti-terrorism" legislation that basically eviscerated habeas corpus as a meaningful protection for criminal defendants deprived of their constitutional rights in state and federal courts. [read post]
20 Aug 2006, 4:40 pm
Perez files a Writ of Habeas Corpus to expunge his record because HE DIDN'T COMMIT A CRIME!!!!!! [read post]
19 Aug 2006, 8:53 am
At least one other federal district court, as well as a state supreme court, have weighed in on the issue with all the opinions seemingly at odds with one another.The late summer & fall season series of CLE's has been updated at CapDefNet.org including the Eleventh Annual National Federal Habeas Corpus Seminar in Pittsburgh, Making the Case for Life IX in Las Vegas, and the Federal Death Penalty Strategy Session in San Antonio. [read post]
10 Aug 2006, 8:45 pm
" The latest Congressional attempt to modify the federal death penalty and/or federal habeas corpus is entitled the Police Officer Daniel Faulkner Act of 2006,' full text here, and would severely limit the ability to obtain federal habeas corpus relief for those who kill a " public safety officer or judge. [read post]
20 Jul 2006, 7:53 am
Aziz lawyer Giovanni Di Stefano [law firm website; Aziz case file] presented [read post]
10 Jul 2006, 7:59 am
Thus in a decision dated March 3, 2006 the Bombay High Court at Goa refused to issue a writ of habeas corpus on behalf of a British mother from Ireland whose eight-year-old daughter had allegedly been abducted to Goa by the child's American father. [read post]
30 Apr 2006, 7:10 am
" As the political philosopher Jean Bethke Elshtain writes, "when human rights groups label 'unpleasant or disadvantageous treatment of any kind' torture… they fail to discriminate between cases," for example, between "sleep deprivation and amputation or burning or some other horror. [read post]
27 Mar 2006, 12:10 pm
Florida [11th Circuit decision, PDF], concerning a challenge to rules surrounding the one-year filing deadline for making habeas corpus claims in federal court. [read post]
22 Mar 2006, 8:08 am
[JURIST] A federal appeals court heard oral arguments Wednesday in a case that will determine the constitutional scope of the Detainee Treatment Act (DTA) [text] as it applies to over 300 Guantanamo Bay [JURIST report] detainees who have sought habeas corpus review to challenge their detentions. [read post]
